WORLD TRADE  
ORGANIZATION  TN/S/O/AUS/Rev.1 
31 May 2005 
 (05-2204) 
Council for Trade in Services 
Special Session Original:   English 
 
 
  
AUSTRALIA 
 
Revised Services Offer
 
 
 
 The following revised services offer has been received from the delegation of Australia on 
26 May 2005 with the request that it be circulated  to Members of the Council for Trade in Services. 
 
 
_______________ 
  
1. Australia submits herewith its revised services  offer as part of the negotiations on trade in 
services.  The modifications to the consolidated Sc hedule of Specific Commitments are inscribed as 
outlined in the editorial conventions contained in  Secretariat document JOB(05)/6.  Unless otherwise 
stated all CPC references correspond to the United Nations Provisional Central Product Classification.  
 2. Australia reserves the right to withdraw, modify, or reduce this offer in whole or part, at any time prior to the conclusion of the negotiations.   
 
3. In the areas of environmental services, legal ser vices and freight logistics, the Australian offer 
draws upon recent proposals for greater liberali sation and/or for a revised approach to the 
classification of services.  These aspects of the Australian offer in particular are conditional upon the degree of liberalisation proposed in the same sectors in the offers of other WTO Members.  In addition, their final form may va ry depending on progress in the D oha Round on c onsideration of 
classification issues.  
   TN/S/O/AUS/Rev.1 
Page 2 AUSTRALIA – SCHEDULE OF SPECIFIC CO MMITMENTS - REVISED OFFER (MAY 2005) 
 
Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
ALL SECTORS INCLUDED 
IN THIS SCHEDULE 3) Notification and examination under 
 Australia's foreign investment policy  guidelines and the Foreign Acquisitions  and 
 Takeovers Act 1975.  In addition to the 
 specific foreign investment policy  requirement set out in those parts of this 
 Schedule concerning fi nancial services and 
 international shipping, proposals for  foreign interests to invest in the services 
 identified in the Schedule are examined under 
 the Government's policy guidelines  without the need to demonstrate economic 
 benefits or to provide for Australian equity 
 participation and are approved unless  national interest considerations arise. 3) Australia's foreign investment policy guidelines  
 apply to foreign-owned or controlled enterprises   after establishment in Australia. 
 
 At least two of the directors of a public company   must be ordinarily resident in Australia. 
 
Unbound for current and future measures at the federal, state or local government levels 
according rights or preferences to any indigenous 
person or organisation providing  for the favourable treatment of any indigenous person or 
organisation in relation to acquisition, 
establishment or operation of any commercial or industrial undertaking in the service sector.  For 
the purposes of this Schedule, an indigenous 
person means a person of the Aboriginal race of Australia or a descendant of an indigenous 
inhabitant of  the Torres Strait Islands.
  
   
 Unbound for subsidies for research and  development. 
  
 4) Unbound except for measures concerning 
 the entry and temporary stay of natural 
 persons in the following categories:  4) Unbound except for measures concerning 
 the categories of natural persons referred to 
 in the market access column.  
    TN/S/O/AUS/Rev.1
 Page 3Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 a) Executives and senior managers, as 
 intracorporate transferees, for periods of  initial 
 stay up to four years.  
 Executives and senior managers being 
 natural persons who are employees of a 
 company operating in Australia, and who 
 will be responsible for the entire or a 
 substantial part of that company's 
 operations in Australia, receiv ing general 
 supervision or direction principally from  higher 
 level executives, the board of directors or 
 stockholders of the business, including 
 directing the company or a department or sub -
 division of it; supervising and controlling the 
 work of oth er supervisory, professional or 
 managerial employees; and having the 
 authority to establish goals and policies of 
 the department or sub -division of the 
 company.  
   
 b)  Independent executives, without requiring 
 compliance with labour market tests, fo r 
 periods of initial stay up to a maximum of 
 two years.  
   
  Independent executives being natural 
 persons who meet the criteria of 
 executives and senior managers who 
 intend, or are responsible for , the 
 establishment in Australia of a new 
 business o f a service supplier with its head 
 of operations in the territory of another 
 Member and which has no other 
 representative, branch or subsidiary in 
 Australia.  
   
 c)  Service sellers, as business visitors, 
 without requiring compliance with labour 
 mar ket tests, for periods of initial stay of  6 
 months and up to a maximum of 12  
   TN/S/O/AUS/Rev.1 
Page 4 Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 months.  
 Service sellers being natural persons not  based 
 in Australia who are (sales) representatives of a 
 service supplier and are seeking temporary 
 entry for the purpose of negotiating for the sale 
 of services or entering into agreements to sell 
 services for that service supplier, where those 
 representatives will not be engaged in making 
 direct sales to the general public or in supplying 
 services themselves.  
 
 Applica nts for business visitor visas are 
 natural persons seeking to travel to 
 Australia for business purposes and not 
 intending to engage in work that might 
 otherwise be carried out by an Australian 
 citizen or Australian permanent resident.  
 This requireme nt will be satisfied where  the 
 service seller's remuneration and 
 financial support for the duration of the visit 
 are derived entirely from sources 
 outside Australia.  
   TN/S/O/AUS/Rev.1
 Page 5Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 d)  Specialists, subject to individual 
 compliance with labour market testing, for 
 periods of initial stay up to a maximum of 
 two years with provision of extension 
 provided the total stay does not exceed four 
 years.  
 
 Specialists being natural persons with trade, 
 technical or professional skills who are 
 responsible for or emplo yed in a 
 particular aspect of a company's operations 
 in Australia.  Skills are assessed in terms of 
 the applicant's employment experience, 
 qualifications and suitability for the  
 p osition . 
 
 Labour market testing is not required for (i)  
 natural pers ons who have specialised  
 knowledge at an advanced level of a  
 proprietary nature of the company's operations  
 and have been employed by the company for a  
 period of not less than two years and (ii) if the  
 position in question is within a labour  
 agr eement in force at the time of application.   
 A labour agreement is an agreement between  
 the Australian Government, employers or  
 industry organisations and unions for the entry  
 of specialists from overseas.  
 
 The above commitments do not apply in ca ses 
 of labour/management dispute.  
   
 4) Unbound except for measures concerning 
the entry and temporary stay of natural 
persons in the following categories: 1 
 4) Unbound except for measures concerning the 
 categories of natura l persons referred to in 
 the market access column.   
                                                      
 1 These commitments do not apply in ca ses of labour/management dispute.   
  TN/S/O/AUS/Rev.1 
Page 6 Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (a) Intra-corporate transferees as: 
 
(i) Executives and senior managers being 
natural persons who are employees of a 
company operating in Australia, and who 
will be responsible for the entire or a 
substantial part of the company's 
operations in Australia, receiving general 
supervision or direction principally from 
higher level executives, the board of 
directors or stockholders of the business, 
including directing the company or a 
department or subdivision of it;  
supervising and cont rolling the work of 
other supervisory, professional or 
managerial employees;  and having the 
authority to establish goals and policies 
of the department or subdivision of the 
company.   
 
Entry and stay of such natural persons is 
subject to employer sponsorship.  
Employer sponsorship requirements for 
this category include minimum skill 
levels in a gazetted occupation and 
sponsorship by a bona fide business 
operating lawfully and actively in 
Australia.  Employer sponsorship 
requirements may change from time to 
time.  Full details of employer 
sponsorship requiremen ts, including the 
list of gazetted occupations, are available 
on the website of the Australian 
government department responsible for 
immigration matters.  (As at May 2005, 
the address of that website was 
www.immi.gov.au). 
     TN/S/O/AUS/Rev.1
 Page 7Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Entry is for periods of stay up to four 
years, with provision for an extension. 
 
(ii) Specialists, being natural persons 
with advanced trade, technical or 
professional skills who are employees of a 
bona fide business operating lawfully and 
actively in Australia and who have been 
employed by that company for not less 
than two years.  
Entry and stay of such natural persons is 
subject to employer sponsorship by the 
employing company.  Employer 
sponsorship requirements for this 
category include an assessment that the 
natural person seeking entry has the 
necessary qualifications, skills and work 
experience accepted by the relevant 
authority as meeting the Australian 
standards for his or her nominated 
occupation, which must fall within the list 
of gazetted occupations.  Employer 
sponsorship requiremen ts may change 
from time to time.  Full details of 
employer sponsorship requirements, 
including the list of gazetted occupations, 
are available on the website of the 
Australian government department 
responsible for immigration matters. (As 
at May 2005, the address of that website 
was www.immi.gov.au.) 
 
 Entry is for periods of stay up to two 
years, with provision for an extension.   
   
 (b) Independent executives being natural 
persons whose work responsibilities match 
the description set out below and who    TN/S/O/AUS/Rev.1 
Page 8 Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
intend, or are responsible for, the 
establishment in Australia, of a new 
business of a service supplier which has its 
head of operations in the territory of 
another Member and which has no other 
representative, branch or subsidiary in 
Australia.  Independent executives will be 
responsible for the entire or a substantial 
part of the company's operations in 
Australia, receiving general supervision or 
direction principally from higher level 
executives, the board of directors or 
stockholders of the business, including 
directing the company or a department or 
subdivision of it;  supervising and 
controlling the work of other supervisory, 
professional or managerial employees;  and 
having the authority to establish goals and 
policies of the department or subdivision of 
the company. 
 
Entry and stay of such natural persons is 
subject to employer sponsorship.  Employer 
sponsorship requirements for this category 
include minimum skill levels in a gazetted 
occupation and sponsorship by a bona fide 
overseas business or by a State or Territory 
Government of Australia.  Employer 
sponsorship requirements  may change from 
time to time.  Full details of employer 
sponsorship requirements , including the list 
of gazetted occupations, are available on the 
website of the Australian government 
department responsible for immigration 
matters. (As at May 20 05, the address of 
that website was www.immi.gov.au.)   
 
Entry is for periods of stay up to a 
maximum of two years. 
   TN/S/O/AUS/Rev.1
 Page 9Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
    
 (c) Business visitors being natural persons 
seeking to travel to Australia for business 
purposes whose remuneration and financial 
support for the duration of the visit must be 
derived from sources outside Australia and 
who must not engage in making direct sales 
to the general public or in supplying the 
services themselves. Business visitors 
comprise: 
 
(i) Service sellers, as business visitors 
being natural persons not based in 
Australia who are (sales) representatives 
of a service suppli er and are seeking 
temporary entry for the purpose of 
negotiating for the sale of services or 
entering into agreemen ts to sell services 
for that service supplier.  
 
Entry is for periods of stay up to six 
months, with provision for an extension.  
(ii) Business visitors, being natural 
persons seeking to travel to Australia for 
the purpose of participating in business 
negotiations or meetings.    
Entry is for periods of stay up to a 
maximum of three months.   
    TN/S/O/AUS/Rev.1 
Page 10 Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (d) Contractual service suppliers (including 
independent professionals/specialists). 
 
Contractual service su ppliers (CSS) being 
natural persons with trade, technical or 
professional skills. 
 
Entry and stay of such natural persons is 
subject to employer sponsorship.  
Employer sponsorship requirements for 
this category include sponsorship by a 
bona fide overseas business or business 
operating lawfully and actively in 
Australia and a contract for the supply of 
a service within Australia.  That business 
must have engaged the natural person 
seeking entry and must intend that person 
to assist in fulfilling its Australian services 
contract.  The natural person seeking 
entry must be assessed as having the 
necessary qualifications, skills and work 
experience accepted as meeting the 
Australian standards for his or her 
nominated occupation, which must fall 
within the list of gazetted occupations.  
Employer sponsorship requirements may 
change from time to time.  Full details of 
employer sponsorship requirements,    
 including the list of gazetted occupations, 
are available on the website of the 
Australian government department 
responsible for immigration matters. (As 
at May 2005, the address of that website 
was www.immi.gov.au.) 
 
Entry is for periods of stay up to 12 
months, with provision for an extension.     TN/S/O/AUS/Rev.1
 Page 11Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (e) Other: Spouses of temporary entrants 
covered by (a), (b) and (d) are accorded 
full working rights where stay of those 
temporary entrants is greater than 12 
months.   
 
For such spouses, entry and stay is for the 
same period as for th e temporary entrant. 
    TN/S/O/AUS/Rev.1 
Page 12 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
II. SECTOR-SPECIFIC COMMITMENTS  
1. BUSINESS SERVICES    
A. Professional Services     
a) Legal services 2    
i) Legal advisory and 
 representational services 
 in domestic law (host-
 country law)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section   
                                                      
 2 In this section, the following terms have the meanings set out in the “Joint St atement on Legal Services” (TN/S/W/37 and S/CSC/ W/46 of 24 February 
2005) (“Joint Statement”), which are as shown: 
 
“legal advisory services” – includes provision of advice to and consultation with clients in ma tters, including transactions, r elationships and disputes, involving the 
application or interpretation of law; participation with or on be half of clients in negotiations  and other dealings with third parties in such matt ers; and preparation 
of documents governed in whole or in part by law, and the verification of documents of any kind for purposes of and in accordan ce with the requirements of law.  
Does not include advice, consultation and do cumentation services performed by service suppliers entrusted with public functions , such as notary services.  (As 
defined at 3.A(i) of Joint Statement.) 
 
“legal representational services” – includes  preparation of documents intended to be submitted to courts, administrative agenci es, and other duly co nstituted official 
tribunals in matters involving the applicat ion and interpretation of law; and appear ance before courts, administrative agencies , and other duly constituted official 
tribunals in matters involving the applicatio n and interpretation of the sp ecified body of law.  (Foot note 1: The inclusion of representational services before 
administrative agencies and other duly cons tituted official tribunals within the cont ext of legal services does not necessarily  mean that a licensed lawyer must supply 
such services in all cases.  The precise scope of services subj ect to licensing requirements is subject to the discretion of th e relevant regulatory au thority.)  Does not 
include documentation services performed by service suppliers entrusted with public func tions, such as notary services.  (As de fined at 3.A(ii) of Joint Statement.) 
 
“legal arbitration and conciliation/mediation  services” – preparation of documents to be submitted to, preparation for and appe arance before, arbitrators, or 
mediators in any dispute involving the app lication and interpretation of law.  Does not include arbitration and conciliation/me diation services in disputes for which 
the law has not a bearing which fall under services incidental to  management consulting.  As a sub-category, international lega l arbitration and 
conciliation/mediation services refers to the same services when th e dispute involves parties from two or more countries.  (As defined at 3.A(iii) of Joint Statement.) 
 
“domestic law (host country la w)” – the law of Australia.  (Derived from definition at 3.B(i)  of Joint Statement.) 
 
“foreign law” –  the law of th e territories of WTO Members and other countries ot her than the law of Australia.  (Derived from definition at 3.B(ii) of Joint 
Statement.) 
 
“international law” –  includes law established by international treaties and conventions, as well as customary law.  (As defin ed at 3.B(iii) of Joint Statement.)    TN/S/O/AUS/Rev.1
 Page 13Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
ii) Legal advisory services in 
 foreign law and 
 international law and (in 
 relation to foreign and 
 international law only) 
 legal arbitration and 
 conciliation/mediation 
 services. 
 
Home country law, including  
public international law  
(861**)  
 
 Advisory services in home -
country law, third -country 
 law and international law.  
International commercial 
arbitration se rvices.  Other 
 alternative dispute 
 resolution services  1) None 
2) None 
3) Natural persons practising foreign law may  only join a local law firm as an employee
 
 or  as a consultant and may not enter into 
 partnership with or employ local lawyers in 
 WA an d SA. 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 
3) At least one equity partner in a firm engaged in 
 advising on foreign law matters must be a 
 permanent resident (NSW, Victoria); at least one 
 equity partner in a foreign law firm must be 
 resident for a minimum period of  
 180 days per calendar year (Queensland).  
 None 
4) Unbound except as indicated in the 
 horizontal section. Limited Licence only is 
required: Only 
registration with limited 
licence is required, rather 
than full 
admission/licence, in 
order to provide:  
(a) legal  advisory services 
in foreign law, where 
licensed in the relevant 
foreign jurisdiction(s);  
(b) legal advisory services 
in international law; or 
(c) legal arbitration and 
conciliation/mediation 
services in relation to 
foreign and international 
law. 
(By contrast, a Full 
Licence is required for 
(a)(i) above (legal 
advisory and 
representational services 
in domestic law (host-
country law)), for which 
full admission is required: 
i.e. practitioners must 
satisfy admission 
requirements, including 
qualification 
requirements, applicable 
to domestic legal 
practitioners.) 
  TN/S/O/AUS/Rev.1 
Page 14 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
   3) Joint offices involving 
revenue-sharing between 
foreign law firms and Australian local law firms 
are permitted in NSW, 
Victoria, Queensland, 
Tasmania, WA,  the ACT 
and the NT subject to the 
foreign law firms satisfying certain requirements, 
including in relation to 
liability, standard of conduct and professional 
ethics 
 
b) Accounting, auditing and 
book-keeping  services  
 (CPC 862) 1) None 
2) None 
3) Only natural persons may be registered as 
 auditors and liquidators. 4) Unbound except as indicated in the 
 horizontal section. 
 1)  None 
2)  None 
3)  At least one equity partner in a firm must be  
  a permanent resident. 4)  Unbound except as indicated in the 
 horizontal section.  
c)  Taxation services 
 ( CPC 863) 1) None 
2) None 3) None 
4) Unbound except as indicated in the  
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the  
 horizontal section.  
d)  Architectural services 
 ( CPC  8671) 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
e)  Engineering services 
 ( CPC  8672) 1) None 
2) None 3) None 
4) Unbound except as indicated in the   
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the  
 horizontal section.     TN/S/O/AUS/Rev.1
 Page 15Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
f)  Integrated engineering 
 services 
 ( CPC  8673) 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section. 
 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section.  
g) Urban planning and 
landscape architectural 
services  (86741)  
 (CPC  8674 ) 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section.  
h) Dental services 
 (CPC  93123) 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section.  
i) Veterinary services 
 (CPC  932) 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the  
 horizontal section. 
 1)  None 
2) None 
3) None 
4) Unbound except as indicated in the  
 horizontal section.  
B. Computer and related 
 services  (CPC 84), 
 excluding measures 
 relating to content covered 
 by CPC 844 and 849 
 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section. 
 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section.  
a) Consultancy services related 
to the installation of 
computer hardware  
 (841)  1)  None  
2) None  
3) None  
4) Unbound except as indicated in the 
 horizontal section.  
 1)  None  
2) None  
3) None  
4) Unbound except as indica ted in the  
 horizontal section.    TN/S/O/AUS/Rev.1 
Page 16 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
b) Software implementation 
 services  
 (842)  1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
 1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.   
c)  Data processing 
 services  
 (843)  1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
 1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.   
e)  Maintenance and repair 
 services of office 
 machinery and 
 equipment including 
 computers  
 (845)  
 1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
 1)  None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.   
C. Research and 
 development services  
    
b)  R&D services on social  
  sciences and humanities 
  ( CPC  852) 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section. 1)  None 
2) None 
3) None 4) Unbound except as indicated in the  
 horizontal section 
 Permanent residency requirement for   psychologists (Western Australia). 
  
D. Real Estate Service  
 
a)  Involving own or 
 leased property 
 ( CPC  821)  
 
1) Commercial presence required 
2) Commercial presence required 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 
1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.     TN/S/O/AUS/Rev.1
 Page 17Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
b)  On a fee or contract basis 
  ( CPC  822) 
 1) Commercial presence required 
2) Commercial presence required 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound  except as indicated in the 
 horizontal section.  
E. Rental/leasing services 
 without operators  
    
a)  Relating to ships 
 ( CPC  83103**) 
 
Excludes cabotage, intrastate and offshore trades 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
b)  Relating to aircraft 
 ( CPC  83104) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
c)  Relating to other 
 transport equipment 
 ( CPC  83101, 83102, 83105) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
d)  Relating to other 
 machinery and 
 equipment 
 ( CPC  83106-9) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.   TN/S/O/AUS/Rev.1 
Page 18 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
F. Other business 
 services  
    
a)  Advertising services 
 ( CPC  87110, 87120**, 
 87190) 
  Covers services by 
 advertising agencies in 
 creating and placing  advertising in periodicals, 
 newspapers, radio and 
 television for clients;  outdoor advertising; media 
 representation i.e. sale of 
 time and space for various  media; distribution and 
 delivery of advertising 
 material or samples.  Does  not include production or 
 broadcast/screening of 
 advertisements for radio, 
 television or cinema. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
b)  Market research and 
 public opinion polling 
 services 
 ( CPC  864) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
c)  Management 
 consulting services 
 ( CPC  865) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.    TN/S/O/AUS/Rev.1
 Page 19Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
d)  Services related to 
 management consulting 
 ( CPC  86601, 86609) 
  
 Excludes arbitration and 
 conciliation services  1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
e) Technical testing and 
analysis services (CPC 
8676) 
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  As set out in this 
Schedule’s section headed 
“Freight Logistics 
Services” (see section 
after II. 11. H).  
f) Services incidental to 
 agriculture, hunting and 
 forestry 
 ( CPC  8811**, 8812**, 
 8814**) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 Provision of advice and 
 guidance relating to crop 
 and livestock management 
 on consultancy basis.  
 Includes specialised  consultancy services only, 
 related to forestry activities, 
 timber evaluation, forest  management or planning.  
 Does not include logging. 
     TN/S/O/AUS/Rev.1 
Page 20 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
g)  Services incidental to 
 fishing 
 ( CPC  882**) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 Consists of specialised 
 consultancy services only, 
 related to marine or 
 freshwater fisheries, fish  hatchery services.  Does not 
 include fishing. 
    
h) Services incidental to 
 mining and site 
 preparation work for 
 mining (CPC  883, 5115 ) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 Consultancy on a fee or 
 contract basis relating to 
 mining and oil field 
 development  
    
i)  Services incidental to 
 manufacturing  
 (CPC 884 + 885 except for 
 88442)  
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.   
j) Services incidental to 
 energy distribution 
 ( CPC  887**) 
  Covers consultancy services
 related to the transmission 
 and distribution on a fee or  contract basis of electricity, 
 gaseous fuels and steam and 
 hot water to household, 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.    TN/S/O/AUS/Rev.1
 Page 21Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 industrial, commercial and 
 other users 
 
k) Placement and supply 
 services of personnel 
  ( CPC  872) 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) Unbound 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
l)  Investigation and 
 security 
 ( CPC  873) 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
m)  Related scientific and 
 technical consulting 
 services 
 ( CPC  86752**, 86753 ) 
 
 Assembly and assessment of 
 land and geographic related 
 information; practice of the 
 science of measurement; use 
 of that information for the 
 purpose of planning and 
 implementing the 
 administration of the land 
 and sea.  May involve 
 surveying activities on, 
 above or below the surface 
 of the land or sea.  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
   TN/S/O/AUS/Rev.1 
Page 22 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
n) Maintenance and repair 
 of equipment (not 
 including maritime 
 vessels, aircraft or other 
 transport equipment) 
 (CPC 633 + 8861 - 8866)  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
o)  Building-cleaning 
 services 
 ( CPC  874) 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
p)  Photographic services 
 ( CPC  875) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
s)  Convention services 
 ( CPC  87909**) 
 
 Activities of establishments 
 engaged in provision of  planning, organising, 
 managing and marketing 
 services for conventions and  similar events (including 
 catering and beverage 
 services)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
t)  Other: 
   Telephone answering 
 services 
 ( CPC  87903)  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.    TN/S/O/AUS/Rev.1
 Page 23Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  Duplicating services 
 ( CPC  87904) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
  Translation and 
 interpretation services 
 ( CPC  87905) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
  Mailing list compilation and 
 mailing services 
 ( CPC  87906) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
  Interior design 
 ( CPC  87907) 
 
 Specialised consultancy 
 services related to the post-
 construction design and  fitting out of interior living 
 and working spaces.  
 Includes purchase of  necessary goods. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.   TN/S/O/AUS/Rev.1 
Page 24 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
2. COMMUNICATION 
SERVICES 
 C. Telecommunications 
 
 services  
 Covers the following sub-sectors 
from the Services Sectoral 
Classification List (W/120) and 
related CPC numbers 
7521,7522,7523, 7529** 
    
(a) Voice telephone services 
 
(b) Packet-switched data  
 transmission services   
(c) Circuit-switched data  
 transmission services   
(d) Telex services  
 
(e) Telegraph services  
 (f) Facsimile services  
 
g) Private leased circuit   services 
 
o) Other
 
 
 Digital Cellular services  
  Paging services 
 
 Personal Communications   Services  1) None 
2) None 
3) Primary supply of satellite services limited 
 
 to two service providers (licensed general  
 carriers) until 30 June 1997.  
 
 Primary supply of public mobile cellular  
 telecommunications services li mited to  three  
 service providers (licensed mobile carriers)  
 until 30 June 1997.  
 
 The Government has introduced legislation  
 aimed at implementing an unlimited number of  
 basic telecommunications carrier licences  
 from 1 July 1997 and no sector spe cific foreign  
 equity limits for new carriers. Australia binds  
 itself to the outcome of this Parliamentary  
 process in terms of numbers of carrier licences  
 and  foreign equity applying to new carrier  
 licences. An entity holding a new carrier  
 licence must be a public body or a  
 constitutional corporation under Australian law 
 or a partnership where each partner is a  
 constitutional corporation under Australian  
 law. 
 1) None 
2) None 
3) None The attached reference 
paper on regulatory 
principles i s incorporated as 
additional commitments by 
Australia . 
 
Australia undertakes 
additional commitments 
as indicated in the 
attached Reference Paper 
on telecommunications 
and in the attached 
document “Australia’s 
additional (Article 
XVIII) commitments on 
telecommunications 
services in addition to 
those set out in the 
Reference Paper on 
telecommunications”.    TN/S/O/AUS/Rev.1
 Page 25Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Trunked Radio System   
Services  
 Mobile Data Services  
 
Services covered by the Broadcasting Services Act 1992 
are excluded from the basic 
telecommunications sector The first licensed general carrier, Telstra  
Corporation Limited (Telstra) , is majority  
government owned.  Legislation permitting the 
sale of one third of the government's equity in 
Telstra comes into effect on 1 May 1997 . 
Foreign equity will be l imited to 35% of this 
one third (abou t11.7% of total equity) with a 
limit of 5% of the one third (about 1.7% of total 
equity) available to individual or associate d 
group foreign investors .  The maximum 
aggregate foreign ownership allowed in 
Telstra is 35 per cent of the Telstra shares 
that are not held by the Australian 
Government.  The maximum individual 
foreign ownership allowed in Telstra is 5 per 
cent of the Telstra shares that are not held by 
the Australian Government.  
   
  There are no limits on tota l foreign equity in 
 Optus (holder of general carrier and mobile 
 licence). However, foreign investment policy 
 requirements for Optus are such that there are  
 certain limits on the share of equity which any  
 individual foreign shareholder may hold. 
 Ther e is a requirement for majority Australian  
 ownership of Vodafone (holder of a mobile 
 carrier licence). Measures shall be maintained 
 to ensure that these arrangements continue to 
 apply after 30 June 1997.  
  The Chairman and directors of Optus must be 
 Australian citizens, other than those directors 
 (who must comprise the minority) appointed by  
 the two current major foreign investors.   
 4) Unbound except as indicated in horizontal  
 section. 
 4) Unbound except as indicated in horizontal  
 section.  
h) Electronic mail 
 (CPC 7523**) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section   TN/S/O/AUS/Rev.1 
Page 26 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
i) Voice mail 
 ( CPC 7523**) 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal  
 section  
j) On-line information and 
 data base retrieval 
 (CPC 7523**) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal   section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal   section  
k) Electronic data interchange 
 (EDI) (CPC 7523**) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal   section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal   section  
l) Enhanced/value-added 
 facsimile services, 
 including store and retrieve 
 (CPC 7523**) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  
 section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  
 section  
m) Code and protocol 
 conversion 
 (CPC 7523**) 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal  
 section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal  
 section    TN/S/O/AUS/Rev.1
 Page 27Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
3. CONSTRUCTION AND 
RELATED ENGINEERING  
 SERVICES     
A.  General construction work 
 for buildings  
  ( CPC  512) 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 
B.  General construction work 
 for civil  engineering  
 ( CPC  513)  
1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
C.  Installation and 
 assembly work  
 ( CPC  514, 516) 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
D.  Building completion and 
 finishing work  
 ( CPC  517) 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
E. Other  
 (CPC 511 + 515 + 518) 
 
 
 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.    TN/S/O/AUS/Rev.1 
Page 28 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
4.  DISTRIBUTION 
 SERVICES 
    
A.  Commission agents' 
 services  
  ( CPC  62113-62118) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H). 
B.  Wholesale trade 
 services  
 ( CPC  6223-6228) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).  
C.  Retailing services  
 ( CPC   631, 63212,  6322 -9, 
 6322,6323,6324,6325,6329, 
 61112, 6113, 6121 ) 
 
Australia’s commitments 
in relation to these services 
extend to cover the 
following services not listed 
in relevant CPC 
classifications: inventory 
management of goods, 
assembling, sorting and 
grading of goods, breaking 
bulk, re-distribution and 
delivery services for 
retailing. 
 1) Unbound except for mail order 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).  
 Does not cover dispensing 
 of pharmaceuticals. 
      TN/S/O/AUS/Rev.1
 Page 29Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
D.  Franchising  
  ( CPC  8929) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
5.  EDUCATIONAL 
 SERVICES 
    
B.  Secondary education 
 services  
  ( CPC  922**) 
  Covers general as well as 
technical and vocational 
education at the secondary level in private institutions 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) Unbound 
4) Unbound except as indicated in the  horizontal section.  
C.  Higher education 
 services  
  ( CPC  923**) 
 
 Covers provision of private 
tertiary education services including at university level 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) Unbound 
4) Unbound except as indicated in the 
 horizontal section.  
E.  Other education 
 services  
  ( CPC  929**) 
  Covers English 
 language tuition 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) Unbound 
4) Unbound except as indicated in the  horizontal section.   TN/S/O/AUS/Rev.1 
Page 30 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
6.  ENVIRONMENTAL 
 SERVICES 3, 4 
 A.  Sewage services
 
Wastewater management  
  ( CPC  9401) 
This covers removal, 
treatment and disposal of 
household, commercial and 
industrial sewage and other 
waste waters   including tank 
emptying and cleaning, 
monitoring, removal and 
treatment of solid wastes.     
  
 
  
1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 
  
1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
B.  Refuse disposal 
 services  Solid/hazardous  
Waste management  
 ( CPC  9402 , 9403 ) 
This covers hazardous and 
non-hazardous waste 
collection, treatment and 
disposal (including 
incineration, composting 
and landfill); sweeping and 
snow removal, and other 
sanitation services. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
C.  Sanitation and similar 
 services  
 (9403)  
 
 1) Unbound*  
2) None  
3) None  
4) Unbound except as indicated in the 
 horizontal section.  
 1) Unbound*  
2) None  
3) None  
4) Unbound except as indicated in the 
 horizontal section.  
  
                                                      
3 The Australian offer on environmental servi ces excludes the provision of water for hum an use, including water collection, purif ication and distribution 
through mains .  
4 The classification scheme adopte d in the Australian offer on environmental services is largel y based upon the scheme proposed b y the EC in 2000 (see 
pages 6-7 of the EC paper “GATS 2000: Environmental Services”, S/CSS/W/38), bu t see especially footnote 3 above.   TN/S/O/AUS/Rev.1
 Page 31Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
C.  Protection of ambient air 
 and climate  (CPC 9404) 
 
This covers services at 
power stations or industrial 
complexes to remove air 
pollutants; monitoring of 
mobile emissions and 
implementation of control 
systems or reduction 
programmes.  
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
D.  Remediation and cleanup 
 of soil and water  (CPC  
 9406**) 5 
Treatment, remediation of  
contaminated/polluted soil 
and water  
This covers cleaning- up 
systems in situ or mobile, 
emergency response, clean-
up and longer term 
abatement of spills and 
natural disasters; and 
rehabilitation programmes 
(e.g. recovery of mining 
sites) including monitoring. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
E.  Noise and vibration 
 abatement  (CPC  9405) 
 
This covers monitoring 
programmes, and installation 
of noise reduction systems 
and screens.  1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
                                                      
5 Australia’s commitments under items 6.D and 6.F comb ine to cover the entirety of CPC 9406 services.  TN/S/O/AUS/Rev.1 
Page 32 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
F.  Protection of biodiversity 
and landscape  (CPC  
9406**) 6 
 
 Nature and landscape 
protection services  
 
This covers ecology and 
habitat protection and 
promotion of forests and 
promoting sustainable 
forestry. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
G.  Other environmental and 
ancillary services  (CPC  
94090 ) 
 
This covers other 
environment protection 
services, including services 
related to environmental 
impact assessment. 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
7. FINANCIAL SERVICES 
  Australia undertakes its specific commitments on financial servi ces in accordance with the "Under standing on Commitments in Fi nancial Services" (hereinafter 
 referred to as the "Understanding"). 
  The obligations under the Understanding are addressed in this  Schedule additionally to those covered by the provisions of Part  III of the Agreemen t and the Annex on  
 Financial Services.  The market access co mmitments with respect to "cross-border su pply" and "consumption abroad" (as describe d in paragraphs 2(a) and 2(b) of  
 Article I of the Agreement) bound in this  Schedule are limited to the services indicated in paragraphs B.3 and B.4 of the Unde rstanding, respectively. 
 
 These specific commitments on financial services are subject to the general limitations contained in the "Horizontal Commitmen ts" section of Australia's GATS  
 Schedule. 
 
                                                      
6 Australia’s commitments under items 6.D and 6.F comb ine to cover the entirety of CPC 9406 services.   TN/S/O/AUS/Rev.1
 Page 33Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
A. Insurance and   
 insurance-related   
 services  3) Approval of non-resident life insurers is  
 restricted to subsidiaries. 
 3)
 Register ed foreign life insurance companies  
 are required to have a principal officer  
 resident in Australia.  
 
1), 3)An authorised insurance company  
 operating in Australia as a non -incorporated  
 entity must appoint an Australian resident as  
 agent of the ins urer. 
   
 3)  Most State and Territory Governments  
 maintain restrictions, by way of monopolies or 
 licensing provisions an d associated controls  
 on premiums and other terms of policies, in  
 the following areas of insurance:  
   Compulsory Third Party Motor Vehicle 
Accident:  VIC, WA, TAS, 
NT(monopolies); NSW, QLD, SA, ACT(licensing, premiums/ policy terms). 
 
  Workers Compensation:  SA, VIC, QLD 
monopolies); NSW, WA, TAS (licensing, 
premiums/ policy terms). 
   Comcare is the monopoly provider of 
workers' compensation insurance to 
Commonwealth Government employees. 
 
4)  The temporary entry of specialists in the 
operation of an insurance service supplier 
established in Australia is permitted subject to 
the terms stipulated in the horizontal section. 
 3) Sub-national guarantees are provided to some  
 State and Territory Insurance Offices.   TN/S/O/AUS/Rev.1 
Page 34 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B. Banking and Other  
 financial service  
 (excluding insurance) 1) The investment at interest in Australia of  
 official reserves by foreign central banks and  
 foreign government monetary institutions is  
 approved by the Reserve Bank provided that it 
 obtains assurance from the investing authority 
 that it will aim to be a stable holder of the 
 Australian dollar and that it will consult with 
 the Bank in the event of si gnificant changes in 
 its Australian dollar portfolio.  Monetary 
 institutions, responsible for both reserve assets 
 and commercial investments, are permitted to 
 invest in Australia up to a limit under the same 
 conditions.  
    
  1), 3) A foreign bank located overseas is 
 able to offer its services to Australian  enterprises, but is not allowed to raise 
 deposit funds in Australia or undertake 
 business within Australia unless it is an  authorised bank (or establishes a money 
 market corporation, subsidiary etc.).  
 Foreign banks located overseas may,  however, raise funds in Australia through
 the issue of debt securities provided that 
 those securities are offered/traded in 
 parcels of not less than $A500,000 and  the 
 securities and any information memoranda  clearly state the issuing bank   
 is not authorised under the Banking Act in  
 Australia.    
 1), 3)  Dealings in foreign exchange in Australia  
 must be carried out through a dealer  
 authorised by the Reserve Bank.  Only banks,  
 including branches  of overseas banks, and  
 financial institutions incorporated in Australia  
 with the required minimum capital base are  
 eligible to seek authorization as a foreign  
 exchange dealer.      TN/S/O/AUS/Rev.1
 Page 35Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 3) Foreign banks satisfying prudential  
 requirements and that are able to demonstrate  
 their potential contribution to competition in  
 Australia may conduct banking in Australia.   
 Foreign banks may undertake banking  
 operations in Australia through locally  
 incorporated subsidiaries and/or an authorised   branch.  However, a branch may not accept  
 "retail" deposits.  A foreign bank wishing to  
 accept "retail" deposits must seek   authorization as a locally incorporated  
 subsidiary for that purpose.  Foreign bank  
 branches may accept deposits (and other  
 funds) in any amount from incorporated  
 entities, non-residents and their own   employees.  Deposits (and other funds) may  
 only be accepted from other sources where the 
 initial deposit (or other funds) is greater than   $A250,000.  Deposit-taking outside of this is  
 considered to be "retail" banking business. 
 3) Commonwealth owned entities which may 
 conduct financial operations are guaranteed by 
 the Commonwealth Government.  While the 
 Commonwealth sold its remaining shareholding 
 in the Commonwealth Bank of Australia (CBA)  on 19 July 1996, a transitional Commonwealth 
 guarantee has been provided to all of the 
 liabilities of the CBA.  The length of time that  the guarantee applies depends on the 
 characteristic of the liability.   Transitional 
 guarantees also apply to the former  Commonwealth-owned Australian Industry 
 Development Corporation.  
 1), 3) A number of State and Territory 
Governments operate central financing 
authorities through which the Government's 
wholly or partly-owned statutory authorities and business enterprises are obliged to borrow 
(and in some cases invest) their funds, or 
otherwise obtain certain financial services: 
 SA - South Australian Government Financing  
 Authority, Local Government Finance  
 Authority of South Australia 
 TAS - Tascorp 
 NSW - NSW Treasury Corporation 
 VIC - Treasury Corporation of Victoria 
 QLD - Queensland Treasury Corporation,   Queensland Investment Corporation 
 NT - Northern Territory Treasury Corporation 
 WA - Western Australian Treasury   Corporation 
 1), 3)The financial operations of some State or  
 Territory owned entities may be guaranteed by  
 the State or Territory Governments.  A number  
 of State and Territory Governments have also   provided transitional guarantees to some of the  
 assets and liabilities of former State-owned or  
 controlled banks.     TN/S/O/AUS/Rev.1 
Page 36 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 3)  The provisions of the Trust Bank  
 (Corporatisation) Act 1997  dealing with the  
 Trust Bank of Tasmania may require a joint  
 venture arrangement.  
  3) The provisions of the Act require that at least a  
 majority of the director s of the Trust Bank be  
 resident in Tasmania and that policy and control 
 of the Trust Bank be exercised in Tasmania.  
  
 3)  The Australian Stock Exchange liquid capital  
 requirements for stockbrokers may have the  
 eff ect of favouring participation in the  
 Exchange by subsidiaries rather than branches  
 of foreign companies.  
 
 An applicant must be a body corporate in  
 order to obtain approval to conduct a stock  
 exchange or a futures exchange.  
 3) A majority of the d irectors of a stockbroking  
 organisation participating in the Australian  
 Stock Exchange must be Australian residents .  
 3) To obtain an Aust ralian market licence,  
 an applicant must be a body corporate  
 
3)  The responsible entity of a registered  
 managed investment scheme must be a 
 public company that holds an Australian 
 financial services licence authorising it to  operate a managed investment scheme. 
 
4) The temporary entry of specialists in the   operation of a financial service supplier  
 established in Australia is permitted subject to  
 the terms stipulated in the horizontal section. 
     TN/S/O/AUS/Rev.1
 Page 37Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
8. HEALTH-RELATED 
 AND SOCIAL 
 SERVICES   
   
B.  Other human health 
 services  
 ( CPC  93199**) 
 
Covers podiatry and 
chiropody services.  Includes podiatry services carried out 
in health clinics, and in  
residential health facilities other than hospitals, as well 
as in own consulting rooms, 
patients ’ homes or 
elsewhere. 
 1) Unbound 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) Unbound 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 
 
 Permanent residency requirement for 
 chiropodists (South Australia).  
 
 Permanent residency requirement for 
 podiatrists  (Western Australia).  
  
9. TOURISM AND 
 TRAVEL RELATED 
 SERVICES 
    
A.  Hotels and restaurants  
 ( CPC  641, 642, 643) 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
 section.  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
 section.   TN/S/O/AUS/Rev.1 
Page 38 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B. Travel agencies and  tour 
operator services  
 ( CPC  7471) 7 1) Commercial presence required 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
C.  Tourist guide services  
 ( CPC  7472) 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the  horizontal section.  
10. RECREATIONAL,
 CULTURAL AND 
 SPORTING  SERVICES 
    
B.  News agency services  
 ( CPC  962) 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
 section. 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
 section.  
D. Sporting and other  
 recreational services  
 
  Sporting services 
 ( CPC  9641)  
  
1) None 
2) None 3) None 
4) Unbound, except as indicated in the horizontal 
 section.   
  
1) None 
2) None 3) None 
4) Unbound, except as indicated in the horizontal 
 section.  
 Other recreational 
 services 
 ( CPC  96491) 
 
Covers recreation park and  beach services 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the horizontal 
 section. 1) None 
2) None 3) None 
4) Unbound, except as indicated in the horizontal 
 section.  
                                                      
7 On the selling and marketing of air transport se rvices, see Section II.11.C of this Schedule.    TN/S/O/AUS/Rev.1
 Page 39Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11. TRANSPORT 
 SERVICES 
 A. Maritime transport 
 services    The following services 
at the port are made 
available to international maritime 
transport suppliers on 
reasonable and non-discriminatory terms 
and conditions: 
pilotage, towing and tug assistance; 
provisioning, fuelling 
and watering; garbage collection and ballast 
waste disposal; Port 
Captain's services; navigation aids (a); 
shore-based operational 
services essential to ship operations, 
including 
communications water 
and electrical supplies; 
emergency repair facilities; anchorage, 
berth and berthing 
services. 
(a): except for 
Queensland, where 
vessels of 35 m and above must pay 
conservancy fees to 
fund navigational aids, while this obligation 
applies only to 
Australian vessels of 50m and above. 
Where road, rail and 
related auxiliary services are not 
otherwise fully covered   TN/S/O/AUS/Rev.1 
Page 40 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
   in this schedule, a 
multimodal transport 
operator shall have the ability, on reasonable 
and non-discriminatory 
terms and conditions, to rent, hire or  charter 
trucks, railway 
carriages, ships and related equipment for 
the purpose of onward 
forwarding of international cargoes 
carried by sea, or have 
access to and use of these forms of 
transport services for 
the purpose of providing multimodal 
transport services 
International transport (freight 
and passengers) 
(CPC  7211 and 7212 less 
cabotage and offshore transport - as defined in 
Attachment
 A Note to 
schedule ) 
 1) a) Liner Shipping:  Part  X of the Trade  
  Practices Act  1974 requires that every ocean 
carrier who provides international liner cargo  
 shipping services to or from Australia sh all, at 
 all times, be represented for the purpose of the  
 Act, by a person who is an individual resident in 
Australia; has been appointed by the ocean 
carrier as the ocean carrier's agent for the 
purposes of the Act, and is specified in the 
register of o cean carrier agents as the ocean 
carrier's agent.  None, see Note to Schedule. 
 1) a)  Part X of the Trade Practices Act  1974  
  allows Australian flag operators to apply to the 
Trade Practices Commission to examine whether 
conference a members and non -confe rence 
operators with substantial market power are 
hindering Australian flaga shipping operators 
from engaging efficiently in the provision of 
outward liner cargo services to an extent which is 
reasonable.   None, see Note to Schedule.  
 See Note to Schedule 
 1) b) Bulk, tramp and other international 
  shipping, including international passenger 
 transportation:  None. 
 
2)  None 
 1) b)None 
 
  
2)  None    TN/S/O/AUS/Rev.1
 Page 41Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 3) a) Establishment of registered company for 
  the purpose of operating a fleet under the  
  national flag of Australia:  nationality 
 requirements for ownership and 
 registration of vessels as defined by the  
 Shipping Registration Act 1981.  3) a) Unbound 
  
 3) b) Other forms of commercial presence for 
  the supply of international maritime 
 transport services (as defined in  Attachment
 ANote to Schedule ):  None 
 3) b)None See Note to Schedule  
 4) a) Ships crews:  Unbound except as 
  indicated in the horizontal section. 
 4) a) Unbound except as indicated in the horizontal  
 section.  
 4) b) Key shore personnel:  Unbound except as 
indicated in the horizontal section. 4) b)Unbound except as indicated in the 
 horizontal section. 
  
Maritime auxiliary services  
 
International rental of vessels 
with crew (less cabotage and 
offshore  transport - as defined in 
Attachment  A Note to Schedule )  
 
1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 
1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
Maritime cargo handling 
services (as described in Note 
to Schedule)  1) Unbound* 
2) None 
3) Licences/concessions are granted by port 
 authorities*** 4) Unbound except as indicated in the 
 horizontal section.  In addition there is a  
 requirement for shore labour to undertake  loading and unloading of ships under the 
 Navigation Act 1912 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  In addition there is a  
 requirement for shore labour to undertake 
 loading and unloading of ships under the  Navigation Act 1912   TN/S/O/AUS/Rev.1 
Page 42 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Storage and warehousing 
services ( CPC  742) 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 
  
Maritime freight  forwarding 
services (as defined in 
Attachment  A Note to Schedule ) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section  
Customs clearance services 
(as described in Note to 
Schedule) 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section  
Preshipment inspection (as 
defined in Attachment  A Note to 
Schedule ) 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
Maritime agency services (as 
described  in Note to 
Schedule ) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section    TN/S/O/AUS/Rev.1
 Page 43Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
C. Air Transport Services  
    
Ground handling services: 
- Airport operation services 
(excl. cargo handling) 
(CPC 7461 ) - excludes 
cargo handling  
- Cargo handling ( CPC  
74110 and 74190 air 
transport sector only) 
- Other supporting services 
for air transport ( CPC  
7469 **) (excludes airport 
and terminal firefighting 
services) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
 section.   
d) Maintenance and repair 
 of aircraft ( CPC  8868**) 
 
 Covers establishments 
 mainly engaged in periodic  maintenance and repair 
 (routine and emergency) of 
 airframes (including wings,  doors, control surfaces) 
 avionics, engines and engine 
 components, hydraulics,  pressurisation and electrical 
 systems and landing gear.  
 Includes painting, other  fuselage surface treatments 
 and repair of flight-deck 
 (and other) transparencies.  
 Further includes rotary and 
 glider aircraft.  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
 section. 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
 section.   TN/S/O/AUS/Rev.1 
Page 44 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  Computer reservation 
 systems 
 ( CPC  7523**) 
 
Activities of establishments 
engaged in providing and maintaining computer 
reservation to other 
enterprises engaged in the provision of travel agency 
services, including transport 
and accommodation booking, tour and travel 
wholesaling/retailing – to 
establishments engaged in providing reservation 
services (such as travel 
agencies etc.).  CRS services related to air carriers include 
the provision of information 
on air carrier schedules, 
space availability and tariffs. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section.    TN/S/O/AUS/Rev.1
 Page 45Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Selling and marketing of air 
transport services.8 
 
This commitment 
confirms, without 
extending, the application 
to air transport services of 
the specific commitments 
made elsewhere in this 
Schedule in the following 
sections, subject to all 
limitations, exceptions and 
qualifications set out  in 
those sections: 
 
Section II.9.B   Travel 
agencies and tour operator  
services ( CPC  7471), 
Section II.1F(b)   Market 
research and public opinion 
polling services ( CPC  864), 
Section II.1.F(a)   
Advertising services ( CPC  
87110, 87120**, 87190),  
Section II.4   Distribution: 
Commission agents’ services 
CPC  62113-62118); 
Wholesale trade services 
(CPC  6223-6228); Retailing 
services ( CPC  631, 63212, 
61112, 6113, 6121 , 6322 -29, 
6322, 6323, 6324, 6325, 
6329) ; and Franchising 
(CPC  8929). 
 1) None, except: 
 (a) Commercial presence required for 
 services covered by CPC 7471 (Travel 
 agencies and tour operator services). 
 (b) Retailing services (CPC 631, 63212 , 
 61112, 6113, 6121, 6322, 6323, 6324, 6325, 
 6329 ) are unbound except for mail order.  
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
 section.   
                                                      
 8 For the purposes of this commitment, “selling and marketing of air transport services” is defined as in paragraph 6(b) of the GATS Annex on Air Transport Services, 
except that the aspects of “marketing” covered by this commitm ent are limited to market research, advertising and distribution.   TN/S/O/AUS/Rev.1 
Page 46 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
E.  Rail transport services  
 
b)  Freight transportation 
(CPC 7112); 
 
c)  pushing and towing 
services (CPC 7113); and 
 
e) supporting services for rail 
transport services (CPC 
743).  
  
 
 
1)  None 
2)  None 
3)  Below track: Most rail-track networks in 
Australia are government owned although 
much is leased to private operators. There are 
no restrictions on the right to establish new 
networks but access to public land may not 
be guaranteed.   
 
 Above track (rail transport services (such as 
trains) that operate over the rail-track 
infrastructure): none except that access to 
rail infrastructure is allocated under pro-
competitive principles for safety, efficiency 
and the long term interests of users. 
 
4)  Unbound except as indicated in the 
horizontal section. 
  
 
 
1)  None 
2)  None 
3)  None 
4)  Unbound except as indicated in the horizontal 
section.   
 
 
As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).  
F. Road transport services  
    
a)  Passenger transportation 
 ( CPC  71213, 71214, 7122) 
  Does not include regular 
 urban bus services 1) Unbound 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 1) Unbound 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 
  
b) Freight transportation( CPC  
71231, 71232, 71233 , 
71234  7123 )  
 
  1) Unbound  None  
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound  None  
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).    TN/S/O/AUS/Rev.1
 Page 47Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
c)  Rental of commercial 
vehicles with operator 
(CPC 7124)  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
 section. 
 As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).  
G. Pipeline transport  
    
a)  Transportation of fuels 
 ( CPC  7131) 1) None 
2) None 3) None 
4) Unbound except as indicated in  the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
b) Transportation of other 
 goods ( CPC  7139) 1) None 
2) None 3) None 
4) Unbound except as indicated in  the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
H. Services auxiliary to all 
 modes of transport  
    
b) Storage and warehouse 
 services 
 ( CPC  742 excluding 
 maritime)  
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
listed in CPC 742: distribution 
centre services and materials 
handling and equipment 
services such as container 
station and depot services 
(excluding maritime). 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal  section. As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).   TN/S/O/AUS/Rev.1 
Page 48 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
c) Freight forwarding  
transport agency services 
(CPC  748 excluding 
 maritime) 
 
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
listed in CPC 748: customs 
agency services and load 
scheduling services (excluding 
maritime) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11. H).  
d) Preshipment inspection  
Other supporting and auxiliary 
transport services  (CPC  749 
excluding maritime)  
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
listed under CPC 749: 
container leasing and rental 
services (excluding maritime).  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. As set out in this 
Schedule’s section 
headed “Freight 
Logistics Services” (see 
section after II. 11.H).    TN/S/O/AUS/Rev.1
 Page 49Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
FREIGHT LOGISTICS 
SERVICES  
    
Notes:  
 
1.  This is not a new 
classification, but a grouping 
together of the following 
services classifications listed 
elsewhere in this Schedule to 
reflect an integrated approach 
to through-chain logistics 
services and reverse logistics 
services and to make, in 
relation to each of those 
services classifications, one or 
more of additional 
commitments (a)-(c) proposed 
in the Annex to 
“Communication from 
Australia; Hong Kong, China; 
Liechtenstein; Mauritius; New 
Zealand; Nicaragua; 
Switzerland and the Separate 
Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu: 
Logistics Services” (TN/S/W/20 
dated 25 June 2004). 
 
2.   Australia’s commitments in 
relation to the services listed in 
this section remain subject to 
all limitations, exceptions and 
qualifications set out elsewhere 
in this Schedule. 
    
  TN/S/O/AUS/Rev.1 
Page 50 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
3. For the purposes of 
additional commitment (a) in 
this section, "trade 
administration documents" 
means forms issued by the 
Australian Government 
agency responsible for 
customs which must be 
completed by or for an 
importer or exporter in 
relation to the import or 
export of goods. 
    
1. F (e). Business services – 
Other business services –  
Technical testing and analysis 
services 
(CPC 8676) 
 
 As set out under section II. 1.F(e) of this 
Schedule As set out under section II. 1.F(e) of this Schedule  b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
 
4.A Distribution Services  
Commission agents' services 
(CPC  62113-62118)  
 As set out under section II. 4.A of this Schedule As set out under section II. 4.A of this Schedule a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
   TN/S/O/AUS/Rev.1
 Page 51Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
   c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome. 
 
4.B. Distribution Services -  
Wholesale trade services 
(CPC  6223-6228) 
 As set out under section II. 4.B of this Schedule As set out under section II. 4.B of this Schedule a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome. 
  TN/S/O/AUS/Rev.1 
Page 52 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
4.C Distribution Services –  
Retailing services 
(CPC  631, 63212,  61112, 6113, 
6121 , 6322 -29, 6322, 6323, 
6324,6325,6329 ) 
 
Australia’s commitments in 
relation to these services 
extend to cover the following 
services not listed in relevant 
CPC classifications: inventory 
management of goods, 
assembling, sorting and 
grading of goods, breaking 
bulk, re-distribution and 
delivery services for retailing  
 
Does not cover dispensing of pharmaceuticals. 
 As set out under section II. 4.C of this Schedule  As set out under section II. 4.C of this Schedule  a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome. 
 
11.E (b) Transport services –  
Rail transport services –  
Freight transportation (CPC 
7112  
 As set out under section II. 11E(b) of this 
Schedule  As set out under section II. 11.E(b) of this 
Schedule  b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
   TN/S/O/AUS/Rev.1
 Page 53Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11. E (c) Transport Services - 
Rail transport services -  
pushing and towing services 
(CPC 7113) 
 
 As set out under section II. 11E(c) of this 
Schedule As set out under section II. 11E(c) of this Schedule b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
 
11. E (e) Transport services –  
Rail transport services – 
Supporting services for rail 
transport services (CPC 743).]  
 As set out under section II. 11E(e) of this 
Schedule  As set out under section II. 11E(e) of this Schedule 
 b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
11.F(b) Transport services – 
Road transport services –  Freight Transportation 
(71231, 71232, 71233, 71234)  
(CPC  7123)]  
 As set out under section II. 11.F(b) of this 
Schedule  As set out under section II. 11.F(b) of this 
Schedule  b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
 
11.F(c) Transport services –  
Road transport services – 
Rental of commercial vehicles 
with operator 
(CPC 7124)  
 As set out under section II. 11.F(c) of this 
Schedule  As set out under section II. 11.F(c) of this Schedule  b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour. 
  TN/S/O/AUS/Rev.1 
Page 54 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11.H(b) Transport services – 
Services auxiliary to all modes 
of transport –   Storage and warehouse services 
 ( CPC  742 excluding 
 maritime)   
 
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
listed in CPC 742: distribution 
centre services and materials 
handling and equipment 
services such as container 
station and depot services 
(excluding maritime)  
 As set out under section II. 11.H(b) of this 
Schedule  As set out under section II. 11.H(b) of this 
Schedule  a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome.   TN/S/O/AUS/Rev.1
 Page 55Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11.H(c) Transport services – 
Services auxiliary to all modes 
of transport –   
Freight forwarding  transport 
agency services  (CPC 748 
excluding maritime)  
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
covered in CPC 748: customs 
agency services and load 
scheduling services (excluding 
maritime).  
 As set out under section II. 11.H(c) of this 
Schedule  As set out under section II. 11.H(c) of this 
Schedule  a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome. 
  TN/S/O/AUS/Rev.1 
Page 56 Modes of supply: (1) Cross-border (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11.H(d) Transport services – 
Services auxiliary to all modes 
of transport – Preshipment 
Inspection  Other supporting 
and auxiliary transport services
 (CPC  749 excluding 
 maritime)    
Australia’s commitment in 
relation to these services 
extends to cover the following 
services in addition to those 
listed under CPC 749: 
container leasing and rental 
services (excluding maritime).  
 
 As set out under section 11.H(d) of this Schedule As set out under section 11.H(d) of this Schedule a) Australia will accept 
electronic versions of 
trade administration 
documents where 
indicated on the website 
of the Australian 
Government agency 
responsible for customs. 
 
b) Services suppliers are 
entitled to supply listed 
freight logistics services in 
combination, subject to 
measures necessary to 
prevent anti-competitive 
behaviour.  
c) Australia will ensure 
that various procedures 
and formalities such as 
documentary 
requirements, customs 
clearance, customs 
inspection, and electronic 
processing, will not be 
unnecessarily 
burdensome. 
 
 * Unbound due to lack of technical feasibility 
** Indicates that the service specified consitutes only a part of the total range of activities covered by the CPC concordance.  
*** Public utility concession or licensing procedures may apply in  the case of the occupation of the public domain for the cond uct of these activities 
  TN/S/O/AUS/Rev.1 
 Page 57 
 
 
REFERENCE PAPER  
  Scope
 
 
The following are defin itions and principles on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
Users  mean service consumers and service suppliers.   
 Essential facilities
 mean facilities of a public telecommunica tions transport network or service that: 
   (a) are exclusively or predominantly pr ovided by a single or limited number of  
   suppliers;  and 
   (b) cannot feasibly be economically or technically substituted in order to provide a     service.  A major supplier
 is a supplier which has the ability to materia lly affect the terms of participation (having 
regard to price and supply) in the relevant market for basic telecommunications services as a result of: 
   (a) control over essential facilities;  or    (b) use of its position in the market. 
 
1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
  Appropriate measures shall be maintained for the purpose of pr eventing suppliers who, alone or 
together, are a major supplier  from engaging in or continui ng anti-competitive practices. 
 1.2 Safeguards
 
  The anti-competitive practices referred to above shall include in particular: 
 
  (a) engaging in anti-competitive cross-subsidization;      (b) using information obtained from competitors with anti-competitive results;  and    (c) not making available other services supp liers on a timely basis technical information 
   about essential fa cilities and commerciall y relevant information which are necessary for 
   them to provide services  2. Interconnection
 
 
2.1 This section applies to linki ng with suppliers providing public  telecommunications transport 
networks or services in order to allow the users of one supplier to communicate with users of another 
supplier and to access services provided by another supplier, where specific commitments are 
undertaken.  TN/S/O/AUS/Rev.1 
Page 58  
 
2.2 Interconnection to be ensured
1 
  Interconnection with a major suppl ier will be ensured at any tech nically feasible point in the 
network.  Such interc onnection is provided. 
 
  (a) under non-discriminatory  terms, conditions (includi ng technical standards and 
 specifications) and rates and of a quality no less favourable than that provided  for its own like services or for like services of non-affiliated service suppliers  or for its subsidiaries or other affiliates
2; 
  
  (b) in a timely fashion, on terms, condi tions (including technical standards and 
 specifications) and cost-oriented rates3 that are transparent, reasonable, having 
 regard to economic feasibility, and su fficiently unbundled so that the supplier 
 need not pay for network components or  facilities that it does not require for 
 the service to be provided;  and 
 
  (c) upon request, at points in addition to the network terminati on points offered to 
 the majority of users, subject to charge s that reflect the cost of construction of 
 necessary additional facilities. 
 2.3 Public availability of the procedures for interconnection negotiations
 
 
 The procedures applicable for interconnection to a major supplier will be ma de publicly available. 
 2.4 Transparency of interconnection arrangements
 
 
 It is ensured that a major supplier will make public ly available either its interconnection agreements 
or a reference inte rconnection offer. 
 2.5 Interconnection:  dispute settlement
 
  A service supplier requesting in terconnection with a major supplie r will have recourse, either: 
 
  (a) at any time or    (b) after a reasonable period of ti me which has been made publicly known 
 
to an independent domestic body, which may be a regu latory body as referred to  in paragraph 5 below, 
to resolve disputes regarding a ppropriate terms, cond itions and rates for in terconnection within a 
reasonable period of time, to the extent that  these have not been established previously. 
 
                                                     
 
1 The interconnection regime to apply in Australia from 1 July 1997 (subject to Parliamentary passage of the 
necessary legislation) will provide acce ss on terms and conditions which are fair  and reasonable to all parties a nd which do not 
unfairly discriminate between users.  A ccess rights will be guaranteed by legislati on and the terms and conditions of access wi ll 
be established primarily through processes of commercial  negotiation or by reference to access undertakings gi ven by access 
providers which may draw upon an industry code of practice. Any code of practice and each access provider's undertaking will 
be subject to approval by the independent regulator.  
 
2 Non-discrimination is taken to mean on  an MFN and National Treatment basis.  In the fully competitive market in 
Australia, the rate at which interconnection is provided is dete rmined by negotiation.  Both negotiating parties have recourse to 
an independent arbitrator which will make a decision based on tran sparent criteria to ensure that rates are fair and reasonable  in 
the circumstances. 
 
3 The independent arbitrator may resolve any dispute on what costs are relevant in determining rates (see footnote 2).  TN/S/O/AUS/Rev.1 
 Page 59 
 
 
3. Universal service  
  Any Member has the right to define the kind of uni versal service obligation it wishes to maintain.  
Such obligations will not be regarded as anti-competitive per se , provided they are administered in a 
transparent, non-discriminatory and competitively neutral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member. 
 4. Public availability of licensing criteria
 
  Where a licence is required, the followi ng will be made publicly available: 
 
 (a) all the licensing criteria and the period of time normally requi red to reach a decision 
concerning an application for a licence;  and 
  (b) the terms and conditions of individual licences. 
 
 The reasons for the denial of a licence w ill be made known to the applicant upon request. 
 5. Independent regulators
 
  The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regul ators shall be impartial 
with respect to all market participants.  6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scar ce resources, including frequencies, numbers and 
rights of way, will be carried out in an objectiv e, timely, transparent and non-discriminatory manner. 
The current state of allocated frequency bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government us es is not required. 
 
 
_______________ 
 
 
 TN/S/O/AUS/Rev.1 
Page 60  
 
Australia’s additional (Article XVIII) co mmitments on telecommunications services 
in addition to those set out in th e Reference Paper on telecommunications 
 
Australia in addition to its commitment to the Re ference Paper on telecommunications (“the Reference 
Paper”) undertakes the following obligations that strengthen our commitment to the Reference Paper 
and clarify our interpretation of certain provisions of the Paper. 
 
In relation to provision 2.2 of the Reference Paper: Australia’s interconnection regime provides access on 
terms and conditions which are fair and reasonable to all pa rties and which do not unfairly discriminate 
between users.  Access rights are guar anteed by legislation and the terms  and conditions of access will be 
established primarily through processes of commercial negotiation or by reference to access undertakings 
given by access providers which may draw upon a tel ecommunications access code of practice made by 
the independent regulator. Each access provider's undertaking will be  subject to approval by the 
independent regulator. 
 
Australia is also in a position to offer the follo wing further commitments to  strengthen the fundamental 
obligation on major suppliers to  supply interconnection, including  the obligation to provide: 
• access to rights of way and co-location of equipment on terms that are reasonable and 
transparent; and 
• leased circuit services (these are telecommunicati ons facilities between two or more designated 
points which set aside for the dedicated use of or  availability to a partic ular user) on terms and 
conditions and rates that ar e reasonable, non-discrimi natory and transparent. 
 
In relation to provision 2.3 of the Reference Paper:  Australia ensures that th e processes available for 
interconnection agreements are readily  available to the public.  Au stralia’s telecommunications 
legislation outlines the three w ays (commercial agreements, access undertakings or arbitration by the 
independent regulator) in which the terms and condit ions of access may be determined.  The independent 
regulator publishes inform ation on the processes ava ilable for interconnection ag reements on its website, 
including a guide on resolution for telecommunications access disputes. 
 
In relation to provision 2.5 of the Reference Paper: Australian legislation provid es that the independent 
regulator will arbitrate disputes ov er terms and conditions of access where such disputes are brought to it 
either by access providers or by access seekers. 
 
Provision 2.5 makes the obligation to provide interconnection subject  to dispute settlement provisions. 
Australia is in a position to make all the obligations  on major suppliers contai ned in the Reference Paper 
subject to strengthened dispute settlement provision s. These include the provisions that regardless of 
basis of ownership that all carriers operatin g in the Australian market have recourse to: 
• the independent regulator to review disputes regarding appropriate terms, conditions and rates 
of interconnection with a major supplier; and 
• an impartial and independent judicial authorit y to review determinations or decisions of the 
independent regulator that the carrier  believes may adversely affect them. 
 
In relation to provision 4 of the Reference Paper: Australia ensures that licen sing criteria are readily 
available to the public.  Australia’s telecommunications legislation sets ou t the criteria for the provision of 
carrier licences and legislation is published and is also  available on the Internet.  The legislation also 
outlines the standard terms and conditions for a ca rrier licence. The regulator also makes available the 
procedures for applying fo r a licence via its website. 
 
In relation to provision 5 of the Reference Paper: Australia is committed to maintaining independence 
between regulatory and policy responsib ilities.  Australia’s regulatory principles are set out in legislation 
and regulatory decisions are made in accord ance with relevant legislative instruments. 
 
The Reference Paper does not contain any obligation on suppliers to provide number portability. Number 
portability means the ability of end users of public telecommunications services to retain existing 
telephone numbers when switching between suppli ers of like public telecommunications services.  
Australia hereby makes a commitment that all suppli ers in its territory prov ide number portability for 
fixed telephony and any other service that it designates as technically feasible. 
  TN/S/O/AUS/Rev.1 
 Page 61 
 
 
 
ATTACHMENT A  NOTE TO SCHEDULE: MARITIME TRANSPORT SERVICES 
 
DEFINITIONS  
 
1. Multimodal Transport Operator: the person on whose behalf the bill of lading/multimodal 
document evidencing a contract of multimodal  carriage of goods, is issued and who is 
responsible for the carriage of goods pursuant to the contract of carriage.  
 2. Cabotage: for the purposes of this Schedule only, cabotage is defined as the transportation of  
 passengers or goods between a port located in Austra lia and another port located in Australia and  
 traffic originating and terminating in the same port located in Australia. 
 3. Offshore Transport
 refers to shipping services involving the transportation of passengers or goods  
 between a port located in Australia and any location associated with or  incidental to, the exploration  
 or exploitation of natural resources of the continen tal shelf of Australia, the seabed of the Australian  
 coastal sea and the subsoil of that seabed.  4. Other Forms of Commercial Presence for the Supply of International Maritime  Transport Services:   
 for the purposes of this Schedule, means the abil ity for international mari time transport service  
 suppliers of other Members to undertake locally al l activities which are necessary for the supply to  
 their customers of a partially or fully integrated  transport service, within which the maritime  
 transport constitutes a substantial element.  This commitment shall not be construed as limiting in   any manner the commitments undertaken under the cross-border mode of delivery. 
 
 These activities include: 
  - marketing and sales of mar itime transport and related se rvices through direct contact 
with customers, from quotation to invoicing, these services  being those operated or 
offered by the service supplie r itself or by servi ce suppliers with which the service 
seller has established sta nding business arrangements; 
 
 - the acquisition, on their own account or on be half of their customers (and the resale to 
their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the 
supply of the integrated service; 
 
 - the preparation of documentation concerni ng transport documents, customs documents, 
or other documents related to the origin  and character of the goods transported; 
  - the provision of business informati on by any means, including computerised 
information systems and electronic data inte rchange (subject to the provisions of the 
Annex on Telecommunications); 
  - the setting up of any business arrangements (including participation in the stock of a 
company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commit ment on movement of personnel) with any 
locally established shipping agency; 
  - acting on behalf of the companies, organisi ng the call of the ship or taking over cargoes 
when required. 
 
 
 TN/S/O/AUS/Rev.1 
Page 62  
 
5. International Rental of Vessels with Crew: rental  and/or leasing services of all types of sea-going  
 vessels with crew (such as tankers, bulk dry cargo vessels, cargo an d freight vessels) for the purpose  
 of international trade.  
6.  Maritime Cargo Handling Services: activities ex ercised by stevedore companies, including 
terminal operators, but not including the direct activities of dockers, when this workforce is 
organised independently of the stevedoring of terminal operator companies.  The activities covered include the organisation and supervision of: the loading/discharging of cargo 
to/from a ship; the lashing/unlashing of car go; and, the reception/delivery and safekeeping 
of cargoes in the wharf area before shipment or after discharge. 
 The organisation and supervision includes the arrangements for (1) engaging skilled labour 
(dockers), (2) using all the necessary equipment for on-board or shore use and the appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of 
parcels and markings, the weighing and measur ing of cargo (upon request of the owner), 
and (4) the administrative duties as well as  the responsibility related to the services. 
  Container terminal operators can furtherm ore be appointed for stuffing/stripping 
containers and e.g. the survey and supply of electricity to containers.  
 
7. Maritime Freight Forwarding Services: the organisation and mon itoring of shipment operations on  
 behalf of shippers, through the acquisition of tr ansport and related serv ices, preparation of  
 documentation and provision of business information. 
 
8. Customs Clearance Services: activities consisti ng in carrying out on behalf of another party 
customs formalities concerning import, export or through-transport of cargoes, whether 
this is the main activity of the service provid er or a usual complement of its main activity. 
 
9. Preshipment Inspection: all servic es performed on a fee or contract basis involved in the verification  
 of the quality, quantity, price (including currency ex change rate and financial terms), and/or the  
 customs classification of goods to be exported.  Does not include customs or quarantine inspection. 
 
10. Maritime Agency Services: activities consisting in representing, within a given geographic 
area, as an agent, the business interests of one or more shipping line or shipping companies, 
for the following purposes: 
- marketing and sales of maritime transpor t and related services, from quotation to 
invoicing, and issuance of bills of lading on be half of the companies; acquisition and resale 
of the necessary related services, preparation of documentation, and provision of business 
information 
 - acting on behalf of the companies organisin g the call of the ship or taking over cargoes 
when required. 
  
Note on Liner Shipping  
 
Part X of the Trade Practices Act 1974 provides for exemptions from Australian anti-trust 
legislation so that liner shipping conferences ca n operate in and out of Australia.  Part  X 
requires that every ocean carrier who provides int ernational liner cargo shipping services to or 
from Australia shall, at all times be represented by a person who is an individual resident in 
Australia (but not necessarily an Australian citizen) and has been appointed by the ocean 
carrier as the ocean carrier's agent for the purposes of Part X.  TN/S/O/AUS/Rev.1 
 Page 63 
 
 
 
UNDERSTANDING ON COMMITME NTS IN FINANCIAL SERVICES  
 
 Participants in the Uruguay Round have been enab led to take on specific commitments with respect 
to Financial Services under the Genera l Agreement on Trade in Services (hereinafter referred to as the 
"Agreement") on the basis of an alternative approach to  that covered by the provisions of Part III of the 
Agreement.  It was agreed that this approach coul d be applied subject to the following understanding: 
  i) it does not conflict with the provisions of the Agreement; 
 
 ii) it does not prejudice the ri ght of any Member to schedul e its specific commitments in 
accordance with the approach under Part III of the Agreement; 
  iii) resulting specific comm itments shall apply on a mo st-favoured-nation basis; 
 
 iv) no presumption has been created as to the degree of liberalization to which a Member is 
committing itself under the Agreement. 
  Interested Members, on the basi s of negotiations, and subject to co nditions and qualifications where 
specified, have inscribed in thei r schedule specific commitments c onforming to the approach set out 
below. 
 
A. Standstill
 
  Any conditions, limitations and qualifications to the commitments noted below shall be limited to existing non-conforming measures. 
 
B. Market Access
 
  Monopoly Rights
 
 1. In addition to Article VIII of the Agreement, the following shall apply: 
 
 Each Member shall list in it s schedule pertaining to financial services existing monopoly rights and 
shall endeavour to eliminate them or reduce thei r scope.  Notwithstanding subparagraph 1 b) of 
the Annex on Financial Services , this paragraph applies to the activities referred to in 
subparagraph 1 b) iii) of the Annex. 
 
 Financial Services purchased by Public Entities
 
 2. Notwithstanding Ar ticle XIII of the Agreement, each Member  shall ensure that financial service 
suppliers of any other Member esta blished in its territory are accord ed most-favoured-nation treatment 
and national treatment as regards the purchase or acquisition of financ ial services by public entities of 
the Member in its territory. 
  Cross-border Trade
 
 3. Each Member shall permit non-resident suppliers of  financial services to supply, as a principal, 
through an intermediary or as an intermediary, a nd under terms and conditions that accord national 
treatment, the following services:    
 TN/S/O/AUS/Rev.1 
Page 64  
 
 a) insurance of risks relating to:    i) maritime shipping and commercial aviation and space launching and 
freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported,  the vehicle transporting the goods and 
any liability arising therefrom;  and 
   ii) goods in international transit;   b) reinsurance and retrocession and the services  auxiliary to insurance as referred to in 
subparagraph 5 a) iv) of the Annex; 
  c) provision and transfer of financial inform ation and financial data  processing as referred 
to in subparagraph 5 a) xv) of the Annex and advisory and other auxiliary services, 
excluding intermediation, relating to banking and other fina ncial services as referred to 
in subparagraph 5 a) xvi) of the Annex. 
 4. Each Member shall permit its residents to pur chase in the territory of any other Member the 
financial services  indicated in: 
  a) subparagraph 3 a); 
 
 b) subparagraph 3 b);  and   c) subparagraphs 5 a) v) to  xvi) of the Annex.  
 Commercial Presence
 
 5. Each Member shall grant financial service supplie rs of any other Member the right to establish or 
expand within its territory, including through the ac quisition of existing enterprises, a commercial 
presence.  
6. A Member may impose terms, conditions and proced ures for authorization of the establishment and 
expansion of a commercial presence  in so far as they do not circum vent the Member's obligation under 
paragraph 5 and they are cons istent with the other obligations of this Agreement. 
  New Financial Services
 
 
7. A Member shall permit financial service suppliers of any other Member established in its territory to 
offer in its territory any new financial service.   Transfers of Information and Processing of Information
 
 
8. No Member shall take measures that prevent tran sfers of information or the processing of financial 
information, including transfers of data by electr onic means, or that, subject to importation rules 
consistent with international agre ements, prevent transfers of equipment, where such transfers of 
information, processing of financia l information or transfers of equi pment are necessary for the conduct 
of the ordinary business of a financial service supplier.   Nothing in this paragraph restricts the right of a 
Member to protect personal data, personal privacy  and the confidentiality of individual records and 
accounts so long as such right is not used to  circumvent the provisions of the Agreement. 
   
  TN/S/O/AUS/Rev.1 
 Page 65 
 
 
 Temporary Entry of Personnel  
 9. a) Each Member shall permit temporary entr y into its territory of the following personnel 
of a financial service supplier of any ot her Member that is establishing or has 
established a commercial presence in the territory of the Member: 
 
  i) senior managerial personne l possessing proprietary information 
essential to the establishment, control and operation of the services of the 
financial service supplier;  and 
 
  ii) specialists in the operation of the financial service supplier. 
  b) Each Member shall permit, subject to the availability of qualified personnel in its 
territory, temporary entry into its territory of  the following personnel associated with a 
commercial presence of a financial service supplier of any other Member: 
 
  i) specialists in computer services, telecommunication services and 
accounts of the financial service supplier;  and 
   ii) actuarial and legal specialists.  
 Non-discriminatory Measures
 
 10. Each Member shall endeavour to remove or to  limit any significant a dverse effects on financial 
service suppliers of any other Member of:  
 a) non-discriminatory measures that preven t financial service suppliers from offering in 
the Member's territory, in the form determined  by the Member, all the financial services 
permitted by the Member; 
  b) non-discriminatory measures  that limit the expansion of  the activities of financial 
service suppliers into the en tire territory of the Member; 
 
 c) measures of a Member, when such a Me mber applies the same measures to the supply 
of both banking and securities services, and a financial service supplier of any other 
Member concentrates its activities in the provision of securities services;  and 
 
 d) other measures that, although respecting the provisions of this  Agreement, affect 
adversely the ability of fina ncial service suppliers of an y other Member to operate, 
compete or enter the Member's market; 
  provided that any action taken under this paragraph would not unfairly discriminate against  
 financial service s uppliers of the Member taking such action. 
 
11. With respect to the non-discriminatory measures  referred to in sub-pa ragraphs 10 a) and b), a 
Member shall endeavour not to limit or restrict th e present degree of mark et opportunities nor the 
benefits already enjoyed by financia l service suppliers of all other Memb ers as a class in the territory of 
the Member, provided that this commitment does not result in unfair discrimination against financial 
service suppliers of the Memb er applying such measures. 
    
 TN/S/O/AUS/Rev.1 
Page 66  
 
C. National Treatment
 
 1. Under terms and conditions that accord national treatment, each Member shall grant to financial 
service suppliers of any ot her Member established in its territory access to payment and clearing systems 
operated by public entities, and to official funding and refinancing fa cilities available in the normal 
course of ordinary business.  This  paragraph is not intended to confer  access to the Member's lender of 
last resort facilities.  2. When membership or participa tion in, or access to, any self-regul atory body, securiti es or futures 
exchange or market, clearing agency, or any other or ganization or association, is required by a Member 
in order for financial service suppl iers of any other Member to suppl y financial servi ces on an equal 
basis with financial servi ce suppliers of the Member, or when the Member provides directly or indirectly 
such entities, privileges or advantages in supplying fi nancial services, the Member  shall ensure that such 
entities accord national treatment to  financial service suppliers of an y other Member resident in the 
territory of the Member. 
 
D. Definitions
 
  For the purposes of this approach:  1. A non-resident supplier of fina ncial services is a financial se rvice supplier of a Member which 
supplies a financial service into the territory of a nother Member from an establishment located in the 
territory of another Member, regardless of whether such a financial service supplier has or has not a 
commercial presence in the territory of the Memb er in which the financial service is supplied. 
 2. "Commercial presence" means an enterprise within a Member's terr itory for the supply of financial 
services and includes wholly- or partly-owned s ubsidiaries, joint ventur es, partnerships, sole 
proprietorships, franchising operations, branches, agen cies, representative office s or other organizations. 
 3. A new financial service is a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not  supplied by any financial service 
supplier in the territory of a particular Member but which is supplied in the te rritory of another Member.  TN/S/O/AUS/Rev.1
 Page 67AUSTRALIA – LIST OF ARTI CLE II (MFN) EXEMPTIONS 
 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
Audiovisual Services 
 Under the Australian 
Government Co-production 
programme, Australia maintains preferential co-
production arrangements for 
film and television 
productions.  Official co-
production status, which may be granted to a co-production 
produced under these co-
production arrangements, confers national treatment on 
works covered by these 
arrangements, including in respect of access to finance 
and tax concessions and 
simplified requirements for the temporary entry of skilled 
personnel into Australia for 
the purposes of the co-production. 
 Italy, UK, Canada and France 
and any other country where 
cultural co-operation might be desirable and which is 
prepared to exchange 
preferential treatment on the 
terms and conditions specified 
in the Australian co-production programme 
 Indefinite 
 To promote collaborative 
efforts between Australian and 
foreign film producers and general cultural links 
 
Audiovisual Services 
 Measures taken to respond to 
any unreasonable measures imposed on Australian 
services or service suppliers 
by another Member 
 Members maintaining MFN 
exemptions which provide for unreasonable unilateral actions 
 This exemption will only be 
activated in the event of any other Member maintaining 
exemptions which provide for 
unreasonable unilateral action 
 To protect Australia from any 
unreasonable unilateral actions from other Members 
 
 
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